| 637 not supported by oath, and cannot be received as evidence to deprive a citizen of his liberty, and transport him to a foreign State for trial. For these reasons Smith must be discharged.
"At the request of J. Butterfield, counsel for Smith, it is proper to state in justice to the present Executive of the State of Illinois, Governor Ford, that it was admitted on the argument that the warrant which originally issued upon the said requisition was issued by his predecessor; that when Smith came to Springfield to surrender himself up upon that warrant, it was in the hands of the person to whom it had been issued at Quincy in this State; and that the present warrant, which is a copy of the former one, was issued at the request of Smith, to enable him to test its legality by writ of habeas corpus.
"Let an order be entered that Smith be discharged from his arrest."-Times and Seasons, vol. 4, pp, 65-71.
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